Does Delaware Have a Red Flag Law?
Woody's answers are based on published federal and state law. Not legal advice. Consult a licensed attorney for your specific situation.
Yes, Delaware enacted a red flag law in 2018. The law allows family members, law enforcement, and certain other parties to petition courts for extreme risk protection orders to temporarily remove firearms from individuals deemed dangerous.
What This Means for You
Delaware's red flag law creates a legal mechanism for temporary firearm removal when someone poses a risk to themselves or others. For builders, this means firearms you've constructed can be subject to seizure under these court orders. The law applies to all firearms regardless of how they were acquired or manufactured.
The Detail
Delaware's extreme risk protection order law allows specific categories of people to petition the court for temporary removal of firearms from someone they believe poses a danger. Family members, household members, law enforcement officers, and certain healthcare providers can file these petitions. The initial order can be granted without the gun owner being present if the court finds probable cause.
The process typically starts with an ex parte order that can last up to 10 days, followed by a hearing where the gun owner can contest the petition. If the court finds clear and convincing evidence of risk, it can issue a longer protection order lasting up to one year. During this period, the subject must surrender all firearms and is prohibited from purchasing new ones.
Violating a red flag order in Delaware is a criminal offense. Law enforcement agencies are responsible for serving the orders and ensuring compliance. The law includes provisions for the safe storage and return of seized firearms once the order expires or is terminated by the court.
You should verify the specific details of Delaware's law through official state resources, as red flag laws can be complex and may have been amended since their initial passage. The Delaware Department of Safety and Homeland Security or the state attorney general's office can provide current information about how these laws are implemented.
Build Impact
If you're building firearms in Delaware, understand that your completed builds can be seized under red flag orders just like any other firearm. Keep detailed records of your builds since you may need to account for specific firearms if subject to a protection order.